and Mona Wright

The School of International Arbitration at Queen Mary University of London (QMUL) and White & Case LLP are partnering once again to carry out cutting-edge empirical research in the field of international arbitration.

Titled “Improvements and Innovations in International Arbitration”, the 2015 International Arbitration Survey seeks to explore “whether and how international arbitration as a form of dispute resolution has improved, and may improve further still, to cater to the needs of its users,” explains Professor Loukas Mistelis, Director of QMUL’s School of International Arbitration. “In previous surveys we have canvassed views about concerns and disadvantages of the arbitral process but on this occasion we want to explore what works and can work better in arbitration.”

This is the sixth international arbitration survey carried out by QMUL since 2006. Past surveys focused on the views of particular groups of actors within international arbitration on themes including corporate attitudes towards arbitration, recognition and enforcement of foreign awards, corporate choices in arbitration in key and emerging markets, and current and best practices in the arbitral process.

The 2015 Survey seeks input from all key stakeholders across the international arbitration community, including in-house counsel, private practitioners, arbitrators, academics in the field of arbitration and representatives of arbitral institutions. The 2015 Survey will explore views on how recent efforts made to improve international arbitration are faring, and the arbitration community’s assessment of other innovations and proposals to improve users’ perceptions and experiences of international arbitration.

Topics considered by the survey include:

  • The system of international arbitration: what works well, what frustrates, and what else is needed?
  • Perceptions of different seats and institutions: which seats and institutions have improved the most in recent years, and in what ways? What could institutions do to improve international arbitration?
  • Innovations to control time and cost: what mechanisms could be implemented to help control time and costs of international arbitration?
  • Access to arbitration in “low value” claims:  should there be simplified procedures for claims under a certain value?  If so, what would that value be?
  • Emergency arbitrators: when and how often are they used?
  • Guidelines and ‘soft’ law instruments: how helpful are they?
  • ‘Regulation’ of arbitrators’ and party representatives’ conduct:  is this appropriate?  If so, what would be the most effective way to do it?
  • Participants in international arbitration:  what could arbitration counsel do more or better? What are users’ perceptions of third party funding – does this area require ‘regulation’?  Are tribunal secretaries helpful and, if so, how should they be used and overseen?

The questionnaire for this year’s survey may be accessed at http://www.arbitration.qmul.ac.uk/research/2015/.  It should take approximately 15 minutes to complete. All stakeholders in the international arbitration community are strongly encouraged to participate. It is hoped that the responses to the survey will help to shape the future landscape of international arbitration.

The deadline for submitting contributions is 8 May 2015.  A qualitative, interview phase will take place between April and July 2015. The report reflecting the participants’ responses is expected to be published in October 2015.

 


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